JUDGMENT OF THE COURT
This appeal has a long history which can be traced back to the year 1997 when the following five people:-
1) Alloys Biri Nyasata
2) Jackion Morara Mayaka
3) James Otengo Nyarombe
4) Alloys Nyaneko Nyaneko
5) Evans Sigiri Ndege
were arraigned before the Senior Resident Magistrate’s Court at Nyamira in Criminal Case No. 762 of 1997. The five were jointly charged with robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the offence stated as follows:-
“On the night of 4th May, 1997 at Matongo Sub Location in Nyamira District of Nyanza Province, the appellants jointly being armed with offensive weapons namely pangas robbed David Olweny Angoi of K.Shs.15,000/= and at or immediately before or immediately after the time of such robbery wounded the said David Olweny Angoi.”
Each of the five people pleaded “Not Guilty” to the charge. The pleas were taken on 20th August, 1997 before the Chief Magistrate, E.B. Achieng (now deceased), and the main t…